[Effective 7/1/2024]

(a) A product containing a hemp-derived cannabinoid that is sold at retail must:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 43-27-209

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Batch: means a single stock keeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date and manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such. See Tennessee Code 43-27-202
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Department: means the department of agriculture. See Tennessee Code 43-27-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Retailer: means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale. See Tennessee Code 43-27-202
  • Serving: means a quantity of a hemp-derived cannabinoid product reasonably suitable for a single person's daily use. See Tennessee Code 43-27-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Supplier: means a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers. See Tennessee Code 43-27-202
(1) Satisfy the child-resistant effectiveness standards under 16 C.F.R. § 1700.15(b)(1) when tested in accordance with the requirements of 16 C.F.R. § 1700.20; and
(2) Be labeled with:

(A) A list of ingredients and possible allergens and a nutritional fact panel;
(B) A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture;
(C) If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams;
(D) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams;
(E) The net weight of the product;
(F) A quick response (QR) code that can be scanned to access a website providing the product’s batch number, date received, date of completion, method of analysis for the testing report required under § 43-27-207, including information regarding results of the product’s full-panel and potency tests conducted pursuant to § 43-27-207(a); and
(G) An expiration date.
(b) A person who obtains a product containing a hemp-derived cannabinoid that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b).
(c) A retailer or supplier of a product containing a hemp-derived cannabinoid shall not advertise, market, or offer for sale a product containing a hemp-derived cannabinoid by using, in the labeling or design of the product or product packaging or in advertising or marketing materials for the product trade dress, trademarks, branding, or other related imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, and unicorns or other mythical creatures.
(d) An ingestible product containing a hemp-derived cannabinoid shall not:

(1) Be sold in a serving that contains more than twenty-five (25) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; or
(2) Be formed into the shape of an animal or cartoon character.
(e) The department of agriculture is authorized to promulgate rules for the packaging, labeling, and display of products containing a hemp-derived cannabinoid that are offered for sale in this state.
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